Dixie v. Virga et al

Filing 43

ORDER signed by Judge Lawrence K. Karlton on 2/19/2014 ORDERING that the 39 Findings and Recommendations are ADOPTED in full. Defendants' 28 motion to dismiss is GRANTED in part and DENIED in part. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES LEWIS DIXIE,

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Plaintiff,

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No. 2:12-cv-2626 LKK DAD

v.

ORDER

TIM VIRGA, et al.,

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Defendant.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On January 16, 2014, the magistrate judge filed findings and recommendations herein

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which were served on plaintiff and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. (ECF No. 39.) Neither

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party has filed objections to the findings and recommendations.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this

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court has conducted a de novo review of this case. Having carefully reviewed the entire file, the

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court finds the findings and recommendations to be supported by the record and by proper

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analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed January 16, 2014 (ECF No. 39) are

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ADOPTED in full;
2. Defendants’ May 9, 2013 motion to dismiss (ECF No. 28) is GRANTED in part and
DENIED in part:
a. All of plaintiff’s claims against defendant Warden Virga are DISMISSED with
leave to amend within 30 days of this order;

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b. Plaintiff’s claims under the Equal Protection Clause of the Fourteenth

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Amendment are DISMISSED with leave to amend within 30 days of this order;

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c. Plaintiff’s claim for monetary damages against defendants under the Religious
Land Use and Institutionalized Persons Act is DISMISSED without leave to amend;
d. Plaintiff’s claims for an award of monetary damages against defendants in their
official capacities are DISMISSED without leave to amend;
e. Plaintiff’s claims based on the California Penal Code, Title 15 of the California

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Code of Regulations, and the Department Operations Manual are DISMISSED without

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leave to amend; and

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f. Defendants’ motion to dismiss is DENIED with respect to plaintiff’s remaining

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claims under the Free Exercise Clauses of the United States and California Constitutions

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and the Religious Land Use and Institutionalized Persons Act.

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DATED: February 19, 2014.

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